To ensure a transparent, competitive and highly inclusive process, eligible applicants include any public entity within one of the state’s provisional watershed regions.
Eligible applicants must have the authority and jurisdiction to implement, operate and maintain the proposed project. Applicants must specifically demonstrate how the expenditure of CDBG-MIT funds on their proposed project, including those located outside of a HUD or LA-identified MID9 , will measurably mitigate risks identified within a HUD or LA identified MID area (e.g., upstream water retention projects to reduce downstream flooding in the MID areas).
To be eligible to receive program funds from OCD, an applicant must:
a. Be legally able to receive and use the proceeds as herein stated.
b. Meet any other requirements herein stated for the specific purpose of the program.
c. Meet HUD CDBG-MIT requirements, including the gathering and reporting to OCD of all required information, and the maintenance of all records pertaining to the making of eligible grants.
d. Must not be debarred, suspended or excluded from or ineligible for participation in federal assistance programs.
e. Not have any open findings or audits associated with the use of HUD funds provided directly or indirectly through OCD or be a defendant in proceedings brought by the U.S. Department of Justice relating to the use of HUD funds or obligations associated with the receipt and use of HUD funds, including the Fair Housing Act or civil rights. OCD may waive this requirement if, in OCD’s sole determination, the applicant is compliant with a plan of action agreed to by OCD and the applicant relative to any such findings, audits, or judicial proceedings.
No indirect costs will be funded under this grant.
- In accordance with the FRN, CDBG-MIT funds to assist flood control structures (i.e., dams and levees) are prohibited from being used to enlarge a dam or levee beyond the original footprint of the structure that existed prior to the disaster event. Special requirements exist for the use of CDBG-MIT funds for levees and dams. OCD approval should be obtained for submittal of any project involving the proposed construction or demolition of a dam, levee or other flood control structure.
- CDBG-MIT funds cannot be used to assist privately-owned utilities.
- CDBG-MIT funds cannot be used for ongoing or deferred maintenance projects.
- CDBG-MIT funds cannot be used for programs and projects to provide emergency response services6. However, CDBG-MIT funds may be used for mitigation activities to enhance the resilience of facilities used to provide emergency response services, provided that such assistance is not used for buildings for the general conduct of government as defined in 24 CFR 570.3.
- CDBG-MIT funds cannot be used to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use7 .